The Security Sector Legislation of the Federal Democratic Republic of Nepal

The Security Sector Legislation of the Federal Democratic Republic of Nepal

editors

Hari Phuyal

Cover

Abstract

This compendium of Nepalese security sector legislation, which is seen as an important tool for everyone engaging in the security sector transformation process in Nepal, intends to create the necessary basis for further in-depth discussions on related issues. This overview of the existing legislation will hopefully facilitate the legislatorâs task to identify the shape of the future security sector and preconditions of effective parliamentary oversight of the security sector. Two key issue that remain major challenges in the ongoing peace process.

DCAF has been invited by a group of five countries (Denmark, Finland, Norway, Switzerland and UK) to assist in the implementation of a security sector reform programme in Nepal. The programme seeks to empower the parliament as well as the civil society and security institutions on good governance of the security sector. Based on a needs assessment as part of this programme, DCAF prioritised this publication. To have an overview of the legislation relating to the security sector was a request stemming from discussions with various stakeholders, including security providers, politicians and representatives of the civil society. As the Nepali security sector legislation has until now not been easily available and accessible its implementation remained opaque and difficult to oversee.

Ultimately, only through effective oversight by their elected representatives, Nepalese citizens can steer the security governance to pursue the way towards democracy and avoid further violent confrontations. It is therefore essential that legislators and other stakeholders (civil society, media, Nepali security institutions and general public) are aware of, and have easy access to the legal framework for security provision and governance in order to ensure abidance to the rule of law.

This publication is a response to that need, and follows in the list of DCAFâs publications of the security laws of several states undergoing security sector reform, including Liberia, Ukraine, Georgia, Guatemala and Turkey.